UNITED STATES of America, Plaintiff-Appellee, v. John Elton COX, Defendant-Appellant
Opinion
Opinion
Noonan, J.
John Elton Cox pleaded guilty to the crime of being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He appeals his sentence. The principal question is whether a charge of solicitation of murder charges a crime of violence for sentencing purposes. We hold that it does and affirm the district court.
FACTS
Cox was indicted in Texas on the charge that he “request[ed] Howard W. Keear to murder his wife, Peggy Lynn Cox, with the promise of remuneration.” He pleaded nolo contendere and was sentenced to 17 years imprisonment. He was later paroled to his home territory of Yakima, Washington. He was there apprehended in the possession of firearms.
PROCEEDINGS
.Cox entered into a plea bargain whereby he pleaded guilty to the violation of 18 U.S.C. § 922 (g)(1). The district court held that his earlier conviction was for a crime of violence and calculated the base level of his offense at 20. The district court also imposed a fine of $10,000. Cox appeals both the calculation of the base level and the fine.
ANALYSIS
1. The Crime of Violence.
The Sentencing Guidelines prescribe a base offense level of 20 if the defendant “had one prior felony…